2011/03/11

Law > Government

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(FAZ newspaper article on the fact that the German federal
government is ignoring some laws that are in effect.)

There's finally some official critique about this by the president of the German federal Parliament (officially second-highest official in Germany, in theory ranked even higher than the Federal Chancellor Merkel).

The two most obvious cases are actually cases where I prefer the laws not to be enforced, but this should be done the proper way; change them in parliament. In one case the government doesn't enforce a very problematic law (internet censorship) and in another it stopped to enforce it because there's already the agreement to change the law in the near future.

It's nevertheless important to exercise pressure on the government to take the legal situation seriously. The government is not above, but below the law - even though the cabinet may have the feeling that the parliament will change laws at their will.


There was even an attempt to justify this likely illegal behaviour with accords between the coalition parties. Sorry pols, such accords have no legal relevance. Our constitution has legal relevance, though. And you did an oath about this.


It's dangerous if top politicians get the idea that laws aren't really binding for them. Former Chancellor Kohl was heavily criticised for ranking whatever he perceives as his "honour" higher than the law. It's the greatest part of the reason why he's not very well-respected any more.
The current cases may be unfortunate because the laws are (in my opinion) in the current form actually not good idea, but it's nevertheless important to push back and not allow the politicians to misunderstand their role in our society this grossly.

S O
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